30-802. Electric competition; terms and conditions; determination; public notice

A. Public power entities shall determine terms and conditions for competition in the retail sale of electric generation service consistent with the provisions of this chapter. Public power entities and the commission shall coordinate their efforts in the transition to competition in electric generation service to promote consistent statewide application of their respective rules, procedures and orders.

B. When determining terms and conditions for customer selection, complaint resolution, consumer protection, stranded costs, distribution service rates and charges, system benefit charges and other related matters as determined in the reasonable discretion of the governing body of the public power entity, the governing body of the public power entity at a minimum shall:

1. Provide public notice of proposed terms and conditions stating that:

(a) The public power entity is adopting terms and conditions for competition in the retail sale of electric generation service.

(b) The information in paragraph 2 of this subsection shall be available for inspection.

(c) The governing body of the public power entity shall hold a special meeting as required by paragraph 3 of this subsection and shall include a statement providing the date, time and place of the meeting.

2. Provide that for a period beginning with the public notice and until ten days after the close of the meeting prescribed in paragraph 3 of this subsection, the public power entity shall make available to interested parties at its main office pertinent information, including:

(a) Management's recommendations for proposed terms and conditions.

(b) Relevant financial and other information on which the management proposal is based. The public power entity in a timely manner shall supplement the information that is reasonably requested by any interested person and shall answer reasonable questions posed by any interested person.

(c) Current terms and conditions, if any.

(d) Reports of consultants, if any.

3. Provide that interested persons may file written comments with the public power entity at any time during the period prescribed in paragraph 2 of this subsection. A meeting of the governing body of the public power entity shall be held no earlier than thirty days and no later than ninety days after the public notice referred to in paragraph 2 of this subsection. At the meeting, the governing body of the public power entity shall:

(a) Afford representatives of management of the public power entity an opportunity to explain the proposed terms and conditions and the criteria for the terms and conditions and answer questions.

(b) Afford any consultants retained by the public power entities an opportunity to comment on the proposed terms and conditions.

(c) Afford interested persons a reasonable opportunity to submit written comments and questions or make oral presentations of views, comments and questions.

4. Following review of the information and comments gathered in the course of the procedures described in paragraph 3 of this subsection, make its decision on the proposed terms and conditions.

C. All final decisions of the governing body of the public power entity regarding terms and conditions for customer selection, complaint resolution, consumer protection, stranded costs, transmission and distribution service rates and charges, system benefit charges and other related matters as determined in the reasonable discretion of the governing body of the public power entity shall:

1. Be in writing.

2. State the factual and legal basis for the decision.

3. State the effective date of the decision, if any.